scholarly journals Klaps jako imperatyw kategoryczny

2015 ◽  
Vol 17 ◽  
pp. 257-269
Author(s):  
Zbigniew Stawrowski
Keyword(s):  
Categorical Imperative ◽  
The State ◽  
Moral Duty ◽  
Parental Rights ◽  
Growing Up ◽  
Parental Violence ◽  
Institutional Violence ◽  
Violence Against Children ◽  
Parental Relationship ◽  
Primary Educators

The contemporary cultural trends that introduce regulations weakening parental rights have also come to Poland. Under the influence of utilitarian-statist ideology, which sees the state and its officials as the primary educators and guardians of children, powers naturally enjoyed by parents are being questioned under various pretexts. One of these is the use of violence against children. Due to actions taken by the state towards family, institutional violence used by the state – which is often much more severe for children – often becomes a remedy for parental violence. This text attempts to solve the problem by referring to the basic Kantian distinction between justified and unjustified violence, and to the priority of family and parental rights over the powers of the state. In the same way that the state can use violence towards citizens, so parents can use violence towards their children, as long as its scope and form stems from what is most important for the parental relationship: the categorical imperative of responsible love, aimed at encouraging a child on his or her way of growing up into responsible freedom. A symbol of such parental action is the act of spanking, which – when properly understood and properly used – is sometimes a moral duty of parents.

scholarly journals Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

SEEU Review ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 30-44
Author(s):  
Arta Selmani-Bakiu ◽  
MA Julinda Elezi
Keyword(s):  
Domestic Violence ◽  
Child Abuse ◽  
Family Law ◽  
The State ◽  
Control Measures ◽  
Parental Rights ◽  
Violence Against Children ◽  
The Family ◽  
The Republic ◽  
Legal Frameworks

Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

Factors Contributing to Violence Against Children: Insights From a Multi-informant Study Among Family-Triads From Three East-African Refugee Camps

2021 ◽  
pp. 088626052110139
Author(s):  
Tobias Hecker ◽  
Edna Kyaruzi ◽  
Julia Borchardt ◽  
Florian Scharpf
Keyword(s):  
Risk Factors ◽  
Household Income ◽  
Path Model ◽  
Refugee Children ◽  
Refugee Camps ◽  
Childhood Victimization ◽  
Ptsd Symptoms ◽  
Parental Violence ◽  
Psychosocial Impairment ◽  
Violence Against Children

Parental violence poses a considerable, yet mitigable risk for the mental health and well-being of refugee children living in resource-poor refugee camps. However, little is known about potential risk factors for parental violence in these settings. Using an ecological systems perspective and a multi-informant approach, we investigated ontogenic (parental childhood experiences of violence), microsystem (parents’ and children’s psychopathology) and exosystem (families’ monthly household income) risk factors for child-directed parental violence in a sample of 226 Burundian families living in refugee camps in Tanzania. Data were collected through individual structured clinical interviews with mothers, fathers, and children. In the child-report path model [ χ2 (6) = 7.752, p = .257, comparative fit index (CFI) = 0.99, root mean square error of approximation (RMSEA) = 0.036 ( p = .562)], children’s posttraumatic stress disorder (PTSD) symptoms, externalizing symptoms and paternal PTSD symptoms were positively associated with violence by both parents. Maternal psychosocial impairment was positively associated with child-reported paternal violence. In the parent-report path model [ χ2 (6) = 7.789, p = .254, CFI = 0.97, RMSEA = 0.036 ( p = .535)], children’s externalizing problems as well as a lower monthly household income were positively related to maternal violence. Each parent’s childhood victimization was positively linked to their use of violence against children. Maternal psychosocial impairment and paternal alcohol abuse were positively associated with paternal violence. Child and paternal psychopathology, maternal psychosocial impairment, parents’ childhood victimization, and families’ socioeconomic status may be important targets for prevention and intervention approaches aiming to reduce parental violence against refugee children living in camps.

scholarly journals Maternity Contract based on the birth for someone else / Materinstvo na osnovu ugovora o rađanju za drugog

2015 ◽  
Vol 5 (5) ◽  
pp. 54
Author(s):  
Илија Бабић
Keyword(s):  
Married Couple ◽  
Civil Code ◽  
Parental Rights ◽  
Surrogate Mother ◽  
Parental Relationship ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
Preliminary Draft

The Draft of the Serbian Civil Code provides for a new contract for the birth for another person, on the basis of which the parental relationship is established. This contract obligates the surrogate mother to carry and give birth to a child and deliver it to the married couple or companions (the intended parents), after impregnation by seeding cells of one or both of the intended parents. The intended parents are required to take the child and establish the parental relationship with the child.The contract can be signed by a woman who lives with a surrogate mother (particularly justified by the reasons and determined on by the court in a contentious procedure - Article 63 of the preliminary draft), when it is necessary to use the seeding cells of the intended mother.The contract on the birth for another person is not in the interest of the child. In the countries where it has been adopted, it represents a means of exploitation of the poorest women and it is unnatural. In the Draft, the contract is regulated mainly according to the general legal standards, whereas the autonomy of the parties involved regulates the rights and obligations (such as the waiver of surrogate mother to the status of mother, the moment of acquisition of parental rights of the intended parents, the handover of the child, reimbursement of reasonable costs, etc).

scholarly journals Growing up with a long-awaited nation-state: Personal struggles with the homeland among young diasporic Armenians

Ethnicities ◽  
2019 ◽  
Vol 20 (3) ◽  
pp. 520-543 ◽  
Author(s):  
Leila Wilmers ◽  
Dmitry Chernobrov
Keyword(s):  
The State ◽  
Nation State ◽  
Growing Up ◽  
Active Engagement ◽  
National Myth ◽  
The United Kingdom ◽  
Politics And Culture ◽  
Diverse Backgrounds ◽  
Independence Era ◽  
Regular Contact

This paper explores identification with the nation-state as homeland among young diasporic Armenians in France, Russia and the United Kingdom (UK). For dispersed Armenian communities worldwide, the emergence of a fragile nation-state since 1991 has represented a form of collective goal fulfilment accompanied at times by disillusionment in the national myth of the homeland as a place of sanctuary. We argue that the resulting shift in understandings of homeland markedly differentiates the diasporic experiences of Armenians of diverse backgrounds growing up in the post-independence era from those of previous generations. Key to this shift are ambivalent dynamics between memory and myth integral to personal struggles with the homeland. Analysing original interviews with Armenians aged 18 to 35 in three host states, we unpack how memories of contact with the Armenian state accumulated in youth interact with national myths about the homeland in the context of different family migration histories. The active engagement of young people with homeland myths is shown to play an important role in their recollections of first formative visits to Armenia. Through more regular contact with the state, disappointment in elements of politics and culture that clash with personal imaginings of the homeland can lead to ambivalence in identifying with Armenia. Ultimately, the state plays a key orienting role for many young diasporic Armenians, but clashes between recalled encounters and myths concerning the state can render it a place of partial belonging, unable to fulfil the ideals of the diasporic imagination. The findings highlight the value of attending to interaction between memory and myth in diasporic engagement with ‘homeland’ states more broadly.

scholarly journals The Civic Duty to Report Crime and Corruption

2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Law Enforcement ◽  
Political Stability ◽  
The State ◽  
Moral Duty ◽  
Civic Duty ◽  
The Public ◽  
Corrupt Activity ◽  
The Will ◽  
The Government ◽  
General Scope

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.

Clerical Violence in a Catholic Society: The Hispanic World 1450–1720

1983 ◽  
Vol 20 ◽  
pp. 201-216
Author(s):  
Henry Kamen
Keyword(s):  
The State ◽  
Sufficient Evidence ◽  
Logical Relationship ◽  
Institutional Violence ◽  
Church And Society ◽  
The Church

Few countries have been more notorious for having a militant clergy than Spain: the experience of the Carlist wars and Franco’s war gives sufficient evidence of this. Unfortunately, these are examples of state conflicts in which the Church happened to participate, and the present paper is concerned less with the institutional violence of the state than with the inherent violence of the Church itself. War as such does not enter into the discussion, since war can be declared only by the state, not by the Church. Interestingly, however, though much ink has been spent discussing whether Christians and the Christian state may go to war, there has been less debate over whether the clergy may legitimately resort to force. In what follows I propose to suggest that the participation of the Hispanic Church in violence arose not simply from identification with the institutional violence of the state but from the peculiar development of the Church itself. Violence in this context will be seen to be not dysfunctional but normal, a logical relationship between the Church and society. Participation in violence became a recognisable feature of the Hispanic Church: the problem is to understand how and why this occurred and seemed acceptable.

scholarly journals Vidas secas e o ensaio de interpretação social: uma comparação com Os sertões / Vidas secas and the Social Interpretation Essay: A Comparison with Os sertões

2020 ◽  
Vol 29 (1) ◽  
pp. 199
Author(s):  
Ricardo Pedrosa Alves
Keyword(s):  
Theoretical Background ◽  
The State ◽  
The Novel ◽  
Critical Perspective ◽  
Social Perspective ◽  
Institutional Violence ◽  
Indirect Speech ◽  
The Social ◽  
Os Sertoes ◽  
Euclides Da Cunha

Resumo: O artigo analisa de modo comparativo o romance Vidas secas, de Graciliano Ramos, e o ensaio de interpretação social Os sertões, de Euclides da Cunha. Através da comparação das estratégias compositivas e narrativas presentes nos dois livros, como o “narrador sincero” de Os sertões e o uso do indireto livre em Vidas secas, o artigo mostra aproximações e diferenças entre os dois clássicos brasileiros. Também são comparadas as perspectivas intelectuais que orientam o romance e o ensaio, no cientificismo de Euclides da Cunha e na perspectiva sociologicamente crítica adotada por Graciliano Ramos. O artigo ressalta as diferenças também na perspectiva social dos autores, através da análise da representação da violência institucional do Estado nas duas obras. As análises foram realizadas com o apoio de discussões presentes em Willi Bolle, Luís Bueno, Antonio Candido, Miriam Gárate e Luiz Costa Lima, entre outros.Palavras-chave: Vidas secas; Os sertões; ensaio de interpretação social; narrador sincero; indireto livre.Abstract: The article compares Graciliano Ramos’ novel Vidas secas and Euclides da Cunha’s essay on social interpretation Os sertões. By comparing the compositional strategies and the narratives present in both books, such as “the sincere narrator” in Os sertões and the use of free indirect speech in Vidas secas, the article shows approximations and differences between the two Brazilian classic works. The intellectual perspectives that guide the novel and the essay are also compared, analysing Euclides da Cunha’s scientificism and in the sociologically critical perspective adopted by Graciliano Ramos. The article also highlights the differences in the social perspective of the authors, analysing the representation of the institutional violence performed by the State in both works. The present analysis took as theoretical background the works by Willi Bolle, Luis Bueno, Antonio Candido, Miriam Gárate and Luiz Costa Lima.Keywords: Vidas secas; Os sertões; social interpretation essay; sincere narrator; free indirect speech.

scholarly journals Analysis of the performance of public policies in Brazil to cope with sexual violence against children and adolescents

2021 ◽  
Author(s):  
Andréa de Araújo costa
Keyword(s):  
Sexual Violence ◽  
Children And Adolescents ◽  
Youth Violence ◽  
Public Policies ◽  
Sexual Exploitation ◽  
The State ◽  
National Council ◽  
National Plan ◽  
Violence Against Children ◽  
Brazilian State

This article presents an analysis of the confrontation of the State to act against sexual violence against children and adolescents, with a common name to the terms children and adolescents, with the objective of discussing public policies. Efforts are concentrated on the legal and regulatory aspects for sustainability and implementation of public policy programs in the Brazilian state. Initially, consideration was given to the definitions and concepts of public policies based on the main doctrines and researchers on the topic, such as Wildasky (1979); Maria Paula Bucci (2006), guidelines for making political decisions are added in the structuring and formulation of concrete actions, as indicated by Enrique Saraiva (2006). Then, it dialogues with the list of the main public policies arising from the action of the Brazilian state, listing the main ones: Statute of the Child and Adolescent (ECA) through Law No. 8,069 of July 13, 1990; the creation of the National Council for the Rights of Children and Adolescents (CONANDA) in 2000, among other programs in the following years, including the National Plan to Combat Child and Youth Violence (PNEVSCA), the Integrated Actions Program and References for Confronting Child and Youth Violence in the Brazilian Territory (PAIR) and the Sentinela Program, which constituted a set of social assistance measures to assist children and adolescents who are victims of sexual exploitation. In addition, it discussed the international conventions adopted by the United Nations (UN) for the rights of children and adolescents, as well as considerations about the indicators of sexual violence against them. Finally, it was concluded that the National Plan to Combat Violence against Children and Adolescents in the Brazilian case was important as a policy outlined and implemented in its different phases as a cycle of public policies, and that despite the progress, the current perspectives are outlined by the state as incipient and without the necessary resources as required. In this sense, the state’s policy focuses precisely on responding to various situations of violence in the context of social vulnerability.

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